Attachment order

order

ORDER submitted by FCC,IB

order

2005-06-09

This document pretains to SAT-STA-20050418-00086 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2005041800086_436775

Federal Communications Commission pa osi6 Before the Federal Communications Commi Washington, D.C. 20554 In the Mater of XM Radio Inc. IBFS No. SAT—STA—20050418—00086 Request for Special Temporary Authority To Operate a Lower Power Terrestil Repeater AtPGA Tour Events orper Adopted: June 09, 200 Released: June 09, 2005 By the Chief, Satelite Division, Intermational Burcaw: + INTRODUCTION 1 By this Order, we partally grant the application of XM Radio Inc. (°XM Radio®) for special temporary authority (°STA®) to operate one lower power terrestrial repeater‘ at weekly Professional Golf Association ("PGA®) tour eventsthroughout 2005. Specifically, we grant XM Radio‘s STA requestforoperations at those events that occur within 180 days of release of this Order,and that are unopposed by Total RF Marketing Inc.(Total RF*). Grant ofthis authority is without prejudice to XM Radio‘s STA request for operations at events that are opposed by Total RF, othat occur beyond this 180 day time period. n. rackGrouN 2. XM Radio,one of wo licensees i the Satelite Digital Audio Radio Service (‘SDARS®), filed its request for special temporary authority on April 18, 205.\ In its request, XM Radio seeks to operate one "lower power" repeater at weekly PGA tour events that occur during the period of June through December 205.‘ XM Radio states that the repeater would transmit at a maximum Effective Isotropically Radiated Power ("EIRP") of 2 kilowatts (‘KW") and would be limited to coverage of a specific golf course for each PGA tour event. XM Radio proposes that operations of this repeater be subject to the same terms and conditions that have been imposed by the Commission in the past on its ! Termestral repeaters areused in certin areas wher t may be dificulto receive signalstransmited by a stlfte, incluting "urban caryons® between tll buildings, heavily foliged areas, tunnels and other places: where abstractions could limit stelite visiblity and cause multiqath interference from reflted signals, See Estblishment of Rulesand Poliiesforthe Diitl Audio Radio Satelite Servicin the 2310—2360 MHz Frequency Band, Report and Order. Memorandam Opinin and Order and Further Natce ofProposed Rulenaking, 12 ECC Red 5754 set0 138 (1997) * XM Ratio Inc, Requestfor Special Temporary Authoriy to Operate a Lower Power Terestal Repeater at PGA ‘Tour Events IBFS No. SAT—STA—20050418—00086 (filed Aprl 18,2005)(‘SHA Repues). * A lt ofproposed PGA tour event i provided as Exhibit A to XM Radi‘s STA request

Federal Communications Commission pa osiese terrestral repeater operations." 3. XM Radio assens that grant of its STA request would serve the public interest Specificaly,XM Radio anticipates that many spectators ofthe PGA tour events willutlize XM Radio‘s portable, hand—held receivers to isto coverage of he events via XM Radio‘s dedicated golf channel. XM Radio states that while many areas of a golf course, such as fairways and greens, provide an unobstructed view ofits satelites, there are other areas where view of the satelites may be obstructed, particulaly by trees and foliage." XM Radio states that it will be able to mitigate any such interference through the operation of a single, 2 kW EIRP repeater at each event a. XM Radio‘s STA request was placed on Public Notice on April 22, 2005 TotalRF,a supplier of wireless broadeast inffastrcture and communications facilites, iled two letters opposing XM Radio‘s request". Total RF expresses concem that grant of XM Radio‘s request would cause harmful interference to its wireless services at the PGA tour eventsand would be contrary to Commission‘s rules governing grants ofspecia temporary authority 5, By etters dated June 1 and June 2, 2005, XM Radio and Total RF inform the Commission that Total RF no longer opposes XM Radio‘s request to operate at PGA tour events where Total RF does not also plan to operate XM Radio and Total RF also note thatthey are engaged in discussions to negotite a technical resolution to interference concems that could allow the two operations to peacefully cocxisat tremaining PGA tour events." i. piscussioN 6. The Communications Act of 1934, as amended, gives the Commission authoriy to grant temporary authority in extraordinary circumstances where such temporary operations are in the public interest and where delay in operation would prejudice the public interest" Similaly,the Commission‘s rules governing satelite faclites permit grantsof special temporary authoriy, for a period not to exceed 180 days, under extruordinary circumstances." A request for special temporary authority must contain the full particulars of the proposed operation, including all facts sufficient to justify the temporary See, eg, XM Radio,Ins., Applicaton for Spesial Temporiy Authorityto Operac Sarllte Digial Audio Radio Service Complementary Terestal Repeaters, Order and Authorizaion, 16 FCC Red 16781 (In‘l Bu. 2001)(M Radio 2001SA Order®) * See STA Requestat 2. XM Radio statesthat it plans to offer is portabl, hand—held recevers forsale or lease to spectator atthe PGA tourevents. Seid * See STA Requestat 2. XM Radioalso statesthatthe ortbleradios willalow spectatosto be avare ofimpending severe wenther. Seeid " FCC Public Notic, Policy Branch Information SatelteSpace Applications Acceptedfor Flng, Rep. No. SAT« oose. * Letter from Fred Felimeth, Generl Counsel, Toal RF, Inc. to Marlene H. Dortch, FCC, dted May 19, 2008; Leterfrom Fred Felimeth, General CounselTotl RF,In. to Marlene H. Donh, FCC, dted Aprl 23, 2005 * Letter from Brice Jacobs, Counsel to XM Radio In. to Marlene Dorich, FCC, dated June 1, 2008 ("X Radio Jane 1 Leter") Leter rom Ered Fclimet\, Generl Counsel, Toal RF, In, to Marlene H. Dortch, FCG,dated June 2,2005 ("Total RP Jun2 Lever®), "* See XM Radio June 1 Leter,Toral RF Jane2 Leter. "aruse. 3300 "aror® g2s.120

Federal Communications Commission paosien authority sought and the public interest therein.". When determining whether to grant an STA, "convenience to the applicant,such as marketing considerations or meeting scheduled customer i—service dates, willnot be deemed sulficientfor this purpose.""* 7. We find thatthe publicinteresis served by the grant XM Radio‘s request to operate ts Jower power repeater at the PGA tour eventsthat have been notified by XM Radio in Exhibit A to ts STA Request and that are no longer opposed by Total RF." No other party opposes XM Radio‘s proposed operations at these events, and the Commission has previously identified many public iterest benefits that SDARS can provide.". Furthermore, the need for complementary terrestral repeaters to overcome the effects of satelite signal blockage and multi—path interference was anticipated by the Commission when it adopted service rles for SDARS." 8. We alsofind that extmordinary circumstances support grant of XM Radio‘s request. In 1997, when the Commission adopted service rulesfor SDARS and requested comment on complementary terrestrial repeaters,it clearly contemplated that repeaters were to be part of the proposed satellte systems."" In the servicerules and in ts license, XM Radio was given specific milestone requirements, including dates by which its system must be constricted and put into operation."" XM Radio has complied with its milestone requirements,but states that it needs to employ terestral repeaters to provide adequate service:" The Commission has not, however, adopted finalrles to govern the licensing and operation of SDARS terestral repeaters..The Commission has been working to resolve the complex technical ssues involved in adopting final rules to authorize SDARS repeaters, butthis rulemaking is not yet completed. As a result, it would be unfai to penalize XM Radio for complying with our required milestone schedule on the one hand, but on the other hand effectivey foree it o seriously delay initation ofservice because there are nofnal repester rules. 9. As stated above, the Commission‘s rules do not permit grants of special temporary suthority exceeding 180 days. Accordingly, the authority granted in this Orderis limited to those events that occur within 180 days of release of this Order. XM Radio must seek additional special temporary authority for those events that occur outside ofthis time period. This Order is without projudice to the grant of such additional requests,ortodisposition ofXM Radio‘s proposed operations at PGA tour events that are opposed by Total RE 10. Finally, we grant these STA applications subject to all the conditions set fort in the " ul "u. © XM Radio has provided lt of unopposed event as Exhbit Ato XMf Aodio June / Leter. XM Radio and Total RF have requested additional time t discuss the possbliy ofa tchncal resolutin t thitrference concemsat the remaining events sill opposed by TotalRF, See supra note 10 and accompany text. Accordinaly, we will dfer actionatthis time on those events sill apposed by Toral RF in ordeo allow discussionsto contime "* For example,SDARS will offehighquality adiosignal toliteners in areas hathave liitedradio service, and can provide diverse program formats,including educational, ethic and eliious programming. See Entablishment of Rules and Policiesfor the Digial Autio Radio Satlite Service in the 23102360 MLiz Frequency Band, Report and Order, Memorandam Opinion and Order, and Furir Notke of Proposed Rulemaking, 12 ECC Red $754,5750—3761 (paras. 10—14)(1997) (SDARS Order and FNPRIO. " SDARS Order and FNPRM, 12 FCC Red m 5812 pore 142) "* 1t at 5810 (par. 138). "* 47 CFR. § 25.1480); Amercan Moble Radio Corporation. Order and duthorizaion, 13 ECC Red 88290 (1997) ®See ST4 Request 2.

Federal Communications Commission paosies original grant of special temporary authority to XM Radio in 2001,"" XM Radio has expressed support for such conditional grant" These conditions include the requirement that opertion of all SDARS repeaters authorized pursuant to special temporary authority is on a non—interference basis with respect to all permanently authorized radiocommunication facilties, and that XM Radio follow the procedures set fort in parmgraphs 14 and 17 ofthe AM Radio 2007 STA Order to protest operational WCS sations."" In addition, SDARS repeater outofband emissions shall be limited to 75<log(EIRP) dB less than the transmitter EIRP, Also, XM Radio‘s SDARS repeaters shall comply with the guidelines for human exposure to radio frequency electromagntic fieds as defined in Sections 1.1307(b) and 1.1310 of the Commission‘s rules. n particula, XM Radio must make a routine environmental evaluation for each site to ensure compliance with the Maximum Permissible Exposure limis._ Any actions taken as a result of this STA are solely at XM Radio‘s own risk, and this STA shall not prejudice the outcome of thfinal rules adopted by the Commission in th terestrial repeater rulemaking proceeding (IB Docket No. 95—91). IV. ORpERING CLaUSES 11. Accordingly, TT 18 ORDERED that the request of XM Radio Inc. for special temporary suthority to operatea terestial repeater with a maximum power of 2 KW EIRP at PGA tour events, BFS No. SAT—STA—20080418—00086, 18 GRANTED for operations at events notified by XM Radio in Exhibit A to the XMf Radio June 1 Leter that accur within 180 days ofrelease of this Order, consitent with this Order and subjectt the fllowing conditions: (a) Any actions taken as a result ofthis STA are solely at the applicants‘ own risk. This STA shall not prejudice the outcome of the final rles adopted by the Commission in IB Docket No.95.91; (5) Operation of all SDARS repeaters authorized pursuant to this STA is on a non—interference basis with respect to all permanently authorized radiocommunication fiilites.. XM Radio shall provide the information and fllow the process set forth in parmgraphs 14 and 17 in 16 FCC Red 16773 (Inr! Bur, 2001) and 16 FCC Red 16781 (In‘l Bur. 2001),as modified by 16 FCC Red 18481 (Ia‘l Bur. 2001) and 16 FCC Red 18484 (In‘ Bur. 2001); (€) SDARS repeaters are restricted to the simultancous retransmision of the complete programming, and only that programming, transmited by the satelite directly to SDARS subscriber‘s receivers; (d) Coordination of SDARS repeater operations shall be completed: with all affected Administrtions prior to opertion,in accordance with all applicable internationalagreements including those with Canada and Mexico; (€) SDARS repeaters shall comply with Part 17 of the Commission‘s rules ~ Construction, Marking, and Lighting of Antenna Structures; (©) SDARS repeaters shall comply with Part 1 ofthe Commission‘s rules, Subpart 1 — Procedures Implementing the National Environmental Policy Act of 1969, including the guidelines for human exposure to radio frequency electromagnetic fields as defined in Sections 1.1307(b) and 11310 of the Commission‘s rule; * see XM Radio 2001 STA Order, upra note 4 "STA Requestatd " See XM Radlo 2001 STA Order,16 CC Red 16786—47.

Federal Communications Commission nacsion (2) SDARS repeater outofband emissions shall be limited to 75+log(EIRP) dB less than the transmiter EIRP; (1) This STA will expire afer 180 days, or on the date on which permanent rules governing repester operations become effectiv, whichever occursfist 12. XM Radio Inc.isafforded fiieen days from the date ofrelease ofthis STA to decline this authoriztion as conditioned.. Failure to respond within that period will constitue formal acceptance of the authorization as conditioned. 13. This Orderis effective uponrelease, FEDERAL COMMUNICATTONS COMMISSION Thomas S. Tyez Chief, Satellite Division International Bureau


Document Created: 2005-06-09 17:39:31
Document Modified: 2005-06-09 17:39:31
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC